Braeburn Orchard Community Association

Key facts from Braeburn Orchard Community Association's documents

Reflects the 2019 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

single-family residential (Section 2.1: "all Lots and Dwellings sha)

Governing law

South Carolina Uniform Arbitration Act (S.C. Code Ann. §15-48-10 et seq.) (First page: "THIS AGREEMENT IS SUBJECT T)

Assessments & dues

Board of Directors determines annual budget and Regular Assessments; subject to provisions of Article VII (Section 7.2 Regular Assessments (DEE BK )

Special assessments

Permitted: Assessments for Capital Repair/Improvements, Specific Purpose Assessments, Special Services Assessments, etc. (Sections 7.4, 7.7, 7.8) (Sections 7.4, 7.7, 7.8 (DEE BK 125-L PG )

Collections & liens

Assessments constitute a lien on each Lot; Association may enforce by foreclosure (Article VII, XI) (Notice to Closing Attorneys (DEE BK 125-)

Reserves & fees

Not explicitly required but 'budgeted reserves' mentioned in definition of Current Deficit (Section 1.1(P)) (Section 1.1(P) (DEE BK 125-L PG 604-605))

Pets

Yes, dogs, cats, other small household pets in reasonable numbers (Section 2.4 (DEE BK 125-L PG 610))

Leasing & rentals

Yes, with written lease subject to Declaration and Regulations (Section 2.18 (DEE BK 125-L PG 615))

Parking & vehicles

Unsafe parking prohibited; overnight parking of certain vehicles not allowed without approval (Section 2.6)

Fences

Fencing must be approved by Architectural Control Authority; maintenance responsibility of Owner unless Association assumes; easement for fencing on adjoining Lots/Common Area (up to 18 inches) (Sections 2.17, 2.27 (DEE BK 125-L PG 614)

Architectural approval

Yes, no Improvement shall be constructed etc. unless approved by Architectural Control Authority (except Developer during Class B) (Section 2.2 (DEE BK 125-L PG 609-610))

Home business

Permitted only if allowed by zoning and approved by Developer/Board (home occupation) (Section 2.1 (DEE BK 125-L PG 609-610))

Signs & flags

Not specifically regulated; Definition of Improvement includes signs (Section 1.1(X)); must be approved by Architectural Control Authority (Section 1.1(X) (DEE BK 125-L PG 605-606))

Setbacks / home size

Building setback requirements: must meet criteria by governmental authority and Architectural Control Authority (Section 2.14); may be waived by Developer/ARC (Section 2.15) (Sections 2.14, 2.15 (DEE BK 125-L PG 612)

Maintenance

Not explicitly assigned; Owner likely responsible under Article IX

Insurance

Owner must provide insurance of dwelling (Section 9.2) (Section 9.2 (DEE BK 125-L PG 598))

Use restrictions

Yes, single-family residential; no commercial except approved home occupation (Section 2.1 (DEE BK 125-L PG 609))

Voting & meetings

Three classes: Class A (all other Owners), Class B (Developer until conditions met), Class C (Developer after termination of B); voting powers per By-Laws and Declaration (Section 3.2 Membership Classes (DEE BK 1)

Amendments

May be amended by Developer without consent until Class B terminates; after that, by vote of Owners (likely 2/3 but not specified); Section 13.5 and 13.6 (Sections 13.5, 13.6 (DEE BK 125-L PG 598)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.